Education Jurisdiction ~ Where are We Now?

March 25, 2009Presented by Bonnie Eugene

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Education Jurisdiction

What is it? Legal power and authority to govern and control K-

12 education on reserve Community authority is recognized by federal and

provincial governments It includes lawmaking powers

This is Phase 1. Later phases could include Early Childhood and Post-Secondary.

A First Nations choice to participate in the jurisdiction process is completely optional

What is First Nations Jurisdiction over Education?

Jurisdiction over education is formal recognition, through signed Agreements, by the federal and provincial governments of a First Nation’s right to make decisions about the education of its children. BC First Nations have been seeking recognition of their jurisdiction over education for decades.

Federal Vs First Nation Schools

Sections 114 – 122 of the Indian Act specific to Education

114. Minister can enter agreements for the education of Indian Children with different organizations (church, provincial)

115. The Minister makes regulations for buildings, teaching education, inspection, discipline, transportation, religious training, and money to religious organizations for educating

116. Every Indian child aged 7 years of age attends school

117. An Indian child can be excused for attending schools under certain conditions

118. Protestant children don’t have to go to a Catholic school and vice versa

119. Truant officer be appointed, with powers of a peace officer (powers specified which includes right to enter any place where a truant child may be)

120. schools on reserves and religious denominations that will run the schools based on the predominate religion on the reserve

121. a separate school can be established for a separate religious denomination

122. definitions of: child, school, truant officer 5

Education Jurisdiction:

How Will it Work?

Jurisdiction rests with Participating First Nation (PFN)FN passes law to set vision and guidelines for education

systemLaw may also create a Community Education Authority

(CEA)FN/CEA delegates some responsibilities to a regional First

Nations Education Authority (FNEA)

Community Education AuthorityFirst Nations may create a CEA to operate and administer their education system.

CEAs may take many forms:◦ One community, one school◦ Multiple communities, one school◦ Multiple communities, multiple schools

A legally constituted entity established by a Participating First Nation to operate its educational system

A CEA will perform the duties and be subject to teh liabilities imposed onit by the First Nation Education Law.

First Nations Education Authority

First Nations Education Authority (FNEA): ◦Is a legal entity but not another bureaucracy

First Nations have provided direction regarding the role of the FNEA.

It will only have jurisdiction over areas that have been delegated by First Nations who have jurisdiction.

The FNEA will be made up of representatives of

Participating First Nations (PFNs)

First Nation Education AuthorityThe First Nation Education Authority will have

the authority to:◦Certify teachers to teach in Participating First Nation

schools (standards will be comparable to BC standards)

◦Certify schools operated by PFN’s◦Establish edu standards for PFN schools that’ll

recognize importance of Lang & Cult◦Ensure curriculum, exams & other programs

delivered by FN schools will enable students to transfer to provincial schools or enter the post-secondary edu system

Participating First Nations

Participating First Nation is any First Nation that has signed its own Canada-First Nation Edu Juris Agreement with Canada and signed onto thr BC FN Nation Edu Agreement.

Dec. 2006: 24 First Nations indicated their interest in jurisdiction; INAC mandated to negotiate with first 24 IFNs

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Negotiating First Nations

Of the first 24 IFNs, 13 are now negotiating with INAC for funding for jurisdiction

◦ Ahousaht First Nation◦ Canim Lake Band◦ Ditidaht First Nation◦ Fort Nelson First Nation◦ Gwa’sala Nakwaxda’xw Band◦ Heiltsuk Band◦ Lower Similkameen Indian Band◦ Mount Currie Band◦ Seabird Island Band◦ Simpcw First Nation◦ Snuneymuxw First Nation◦ St. Mary’s Indian Band◦ Tseshaht First Nation

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Interested First Nations

The Jurisdiction process includes FNs that have sent in Band Council Resolutions (BCRs) stating their intent to negotiate a Canada-FNEJAgreement.

To date, 63 FNs have sent in BCRs and they are referred to as Interested First Nations (IFNs)

Ongoing capacity-building sessions held with participation by all 63 First Nations

All interested First Nations meet monthly to discuss ongoing negotiations

Moving forward as BC First Nations

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STEP ONE:•Indication of interest by First Nations

•Mandate to negotiate obtained (First Nations level and federal level)

STEP TWO:•Negotiations of Canada-First Nations Education Agreement and funding agreement

•Upon satisfactory negotiations, First Nations proceed to Initialing

STEP THREE:

•Agreement initialed

•3-year capacity building period formally begins

•Create Education Law, set up First Nations Education Authority terms of reference•Develop required tools and resources

STEP FOUR:•Upon Ratification vote:

•Jurisdiction obtained

•Community Education Authority and First Nations Education Authority formally in place

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Feedback Requested

Are there any comments, questions or other ideas on the jurisdiction discussions?

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For More Information

Visit www.fnesc.ca and click on the Jurisdiction link (on the left).

Phone FNESC toll-free: 1-877-422-3672

Watch for information about Jurisdiction in the FNESC newsletter and in FNESC’s fax communications with First Nations schools and communities